Vermont teacher sues school board over legislative advocacy
The Rutland Herald reports a teacher is suing the Town School District of Fair Haven over its use of public funds to lobby state legislators for public education causes. Curtis Hier, founder of the political action committee First Class Education for Vermont, is urging the court to make a judgment on the “rights of a school board to spend public money on lobbying efforts by a private organization.” Hier says his case is about using his money as a taxpayer toward an organization he doesn't support, the Vermont School Boards Association (VSBA). The money is relayed to the VSBA in the form of a $1,400 fee, a part of the voter-approved school budget, according to the complaint and educators involved in the case. But school officials, the VSBA, and education experts argue that Hier's complaint doesn't have any legal merit and the teacher's crusade to fight lobbying isn't supported by the public or elected school boards. VSBA and the school district are joining forces to have the complaint dismissed. Superintendent Ron Ryan says the fee used to pay the VSBA for lobbying efforts in Montpelier is well worth it. According to VSBA executive director and lobbyist John Nelson, lobbying involves “letting legislators know the impact a proposal may have on local school districts.”
Nearly all of Vermont's 245 town, city, and incorporated school districts subscribe to the VSBA, Mr. Nelson said. Their fees support the association's $500,000 budget for three employees, workshops, and newsletters and bulletins. About 10% of VSBA's budget goes toward lobbying, according to VSBA’s motion to dismiss. Paul Cillo, executive director of the nonprofit Public Affairs Institute, said a lawsuit brought by one taxpayer representing one political action committee against the policy of an elected school board may not be able to stand in court. But in light of the complaint, the school board should determine if the VSBA is really representing its interests, he said.
Source: Rutland Herald, 9/11/08, By Cristina Kumka
[Editor’s Note: First Class Vermont promotes the so-called “65% Solution,” a proposal to require school districts to spend 65 cents of every dollar “in the classroom.” Information on the politics of that proposal is at the second link, which is to information on a ballot initiative on the proposal in Florida that subsequently was invalidated by that state’s Supreme Court in a ruling summarized at the third link.]
First Class Vermont website
NSBA School Law pages on 65% Solution in Florida
NSBA School Law pages on supreme court ruling